Terms of Service
Last updated: October 18th, 2021
1. Terms of Service
By using Estate planning interactive, LLC, and my-estateplans.com, you acknowledge (i) that you are at least 18 years of age and legally able to enter into a contract; (ii) that you agree to be bound by all applicable laws and regulations. Please do not use this website if you do not agree with these Terms of Service. The materials contained in this website are protected by applicable copyright and trademark law.
As further explained in Section 9, by agreeing to these Terms of Service, you agree that any dispute arising from the use of my-estateplans.com materials and services will be decided in binding arbitration, following the terms and conditions provided below. In no case will disputes be decided by any court, jury trials, or class action other than the Arbitration tribunal as a result of this indicated in these Terms of Service, unless one of the exceptions apply.
The following meanings shall apply in these Terms of Service: “Site” refers to http://www.my-estateplans.com and any other website made available by Estate Planning Interactive, LLC. “Services” refers to the Site and all services, self-help documents, information, forms, and templates provided by my-estateplans.com. my-estateplans.com” is the owner and operator of my-estateplans.com and our affiliates (including Estate Planning Interactive, LLC officers, directors, employees, consultants, agents, and representatives). “You” and “your” refer to each customer, visitor, or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity, or on behalf of another person, then (i) the terms “you” and “your” will also refer to that entity or person; (ii) you represent and warrant that you are an authorized representative of that entity or person, with authority to bind the entity or person to these Terms of Service; and (iii) you agree to these Terms of Service on that entity or person’s behalf.
ESTATE PLANNING INTERACTIVE, LLC IS NOT A LAW FIRM, INVESTMENT ADVISORY FIRM, OR AN ACCOUNTING FIRM AND DOES NOT PROVIDE ANY LEGAL, TAX, OR ACCOUNTING ADVICE. ESTATE PLANNING INTERACTIVE, LLC PROVIDES ACCESS TO SOFTWARE AND SELF-HELP MATERIALS. ALTHOUGH ESTATE PLANNING INTERACTIVE, LLC STRIVES TO ENSURE THAT ITS AUTOMATED SERVICES ARE UP-TO-DATE, THEY ARE MEANT PURELY AS SELF-HELP FORMS. THE SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY, INVESTMENT ADVISOR, OR ACCOUNTANT. NO ATTORNEY-CLIENT RELATIONSHIP, OR OTHER SPECIAL RELATIONSHIP, IS CREATED BETWEEN YOU AND ESTATE PLANNING INTERACTIVE, LLC OR ITS PARTNERS THROUGH THE USE OF ESTATE PLANNING INTERACTIVE, LLC. OUR PRIVACY NOTICE PROTECTS ANY AND ALL COMMUNICATIONS BETWEEN YOU AND ESTATE PLANNING INTERACTIVE, LLC BUT NOT BY ATTORNEY-CLIENT PRIVILEGE OR AS ATTORNEY WORK-PRODUCT. YOU SHOULD CONSULT YOUR TAX, LEGAL, AND ACCOUNTING ADVISORS BEFORE ENGAGING IN ANY TRANSACTION.
Estate Planning Interactive, LLC. Estate Planning Interactive, LLC will not provide clarifications, advice, orientation, or opinions about the potential legal or tax issues or other consequences arising from the execution of self-help documents and other materials made available through the Site (the “Materials”) or solutions for issues you may encounter in attempting to use the Materials. Estate Planning Interactive, LLC will not review any part of your Materials for completeness, spelling, or internal consistency of identifiers (such as names and addresses). Likewise, Estate Planning Interactive, LLC. will not provide clarifications, advice, or opinions regarding your particular situation or apply any legal, tax, or accounting expertise tailored to your situation. It provides general information found in statutes and case law, which are fully available to the public. You acknowledge that such information will never be specific to a particular user’s situation or request. Estate Planning Interactive, LLC, therefore, does not engage in the practice of law.
Estate Planning Interactive, LLC strives to keep all materials available through the Services – including any descriptions, information, and other help resources – current and up-to-date. This, however, is not the same as personalized legal, tax, or accounting advice. Furthermore, the law changes rapidly vary from jurisdiction to jurisdiction and may vary interpretation by different courts. Therefore, if you want to understand how the law applies to your particular circumstances or decide which estate planning documents are best for you and your family, you should consider seeing a qualified attorney, investment advisor, or accountant. Similarly, if you need legal advice for a specific problem, or if your specific circumstances are too complex to be addressed by our Services, you should consult a licensed attorney in your area.
The materials on the Site are provided “as is.” Estate Planning Interactive, LLC., and its partners make no warranties, expressed or implied, and as a result of this, disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Any documents you make using the Services are yours, and it is your responsibility to be sure they reflect your intentions and are binding under applicable law. Further, neither Estate Planning Interactive, LLC nor its partners warrant or make any representations concerning the accuracy, likely results, or reliability of using the materials on the Site or otherwise relating to such materials or any sites linked to the Site. The preceding disclaimers of warranties do not apply to North Carolina consumers.
3. Use License
By using its Services, Estate Planning Interactive, LLC grants you a license, not a transfer of title, and under this License, you may not:
- modify or copy the Materials;
- use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Estate Planning Interactive, LLC Site;
- remove any copyright or other proprietary notations from the Materials; or
- transfer the Materials to another person or “mirror” the Materials on any other server.
This License shall automatically terminate if you violate any of these Terms of Service and may be terminated by Estate Planning Interactive, LLC at any time.
Furthermore, your use of the Services may require you to enter personal, confidential, or proprietary information concerning a third party. You represent and warrant that you have (i) obtained all rights and permissions from any third party necessary to use the Services and to grant the rights to Estate Planning Interactive, LLC to use such information in providing the Services; and (ii) that your use of any third party personal, confidential, or proprietary information does not and will not violate any privacy rights, intellectual property rights or any other rights of any third party.
4. Liability Limitations
In no event, and to the maximum extent authorized by law, shall Estate Planning Interactive, LLC, the nonprofit organizations or professional advisors it partners with, or its suppliers be liable for any damages (including, without limitation, direct, punitive, incidental, or consequential damages, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials on the Site, even if Estate Planning Interactive, LLC or an Estate Planning Interactive, LLC authorized representative has been notified orally or in writing of the possibility of such damage. This paragraph does not apply to North Carolina consumers. Furthermore, because some jurisdictions do not allow limitations on implied warranties or liability for consequential, punitive, or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The Materials appearing on Estate Planning Interactive, LLC could include technical, typographical, or photographic errors. We do not warrant that any of the materials on http://www.my-estateplans.com are accurate, complete, current, or comply with the laws of your local jurisdiction. Estate Planning Interactive, LLC may make changes to the Materials contained on http://www.my-estateplans.com at any time without notice. Estate Planning Interactive, LLC does not, however, make any commitment to update the Materials.
Estate Planning Interactive, LLC has not reviewed all of the websites linked to its Site and is not responsible for any such linked site’s contents. Including any link does not imply endorsement by Estate Planning Interactive, LLC of the website to which the link leads. Use of any such linked website is at the user’s own risk.
Estate Planning Interactive, LLC may revise these Terms of Service at any time without notice. If we modify these Terms of Service, we will notify you of the changes, generally by putting up a banner on the my-estateplans.com Site or by email if you are a registered user. By using Estate Planning Interactive, LLC, you agree to be bound by the then-current version of these Terms of Service.
8. Notification Procedures
Estate Planning Interactive, LLC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice or through conspicuous posting on the Site, as determined by Estate Planning Interactive, LLC in our sole discretion. Estate Planning Interactive, LLC shall not be responsible for any automatic filtering that you or your network provider may apply to email notifications we send to the email address you provide us.
Our offices are located in Gainesville, Florida.
9. Dispute Resolution by Binding Arbitration
Please carefully read this part of the Terms of Service. It contains essential information about how disputes, claims, and controversies concerning the use of Estate Planning Interactive, LLC Services shall be resolved. If you don’t understand the meaning or extent of this provision, you should seek the opinion of independent counsel.
Our goal is to resolve through negotiation any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, or the use of Estate Planning Interactive, LLC Services. In case we fail to resolve the dispute, claim, or controversy, you and Estate Planning Interactive, LLC agree to submit the dispute to binding arbitration, following the terms and conditions set forth below (the “Arbitration Agreement”).
Arbitration is a much less formal dispute resolution process in which no judge or jury will adjudicate or find the facts in dispute. Arbitration uses a neutral arbitrator to give the final decision (technically called an “award”), has a much simpler discovery process, and is subject to minimal review by the courts. Additionally, arbitration awards usually are not appealable, and, therefore, it usually is a faster and less expensive method of dispute resolution.
- Binding Arbitration and Rules: You and Estate Planning Interactive, LLC agree that any controversy or claim arising out of or relating to these Terms of Service or Estate Planning Interactive, LLC Site, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You can find the AAA arbitration rules and forms on their website: consumer arbitration rules, commercial arbitration rules, and consumer filing forms. The latest version of the linked AAA rules is as of July 1, 2016. You can also call AAA for further information on 1-800-778-7879. These Terms of Service may change the AAA rules expressly or by necessary implication. The Federal Arbitration Act shall govern the interpretation and applicability of this Arbitration Agreement. Further, You and Estate Planning Interactive, LLC agree that the United Nations Convention on Contracts is excluded and not applicable to this relation.
- Arbitration Initiation: The Party initiating the proceedings must provide a written notice to the other Party in accordance with the AAA rules and forms. You can find the AAA arbitration rules and forms on their website: consumer arbitration rules, commercial arbitration rules, and consumer filing forms. The written notice must be addressed to Estate Planning Interactive, LLC Gainesville, FL
- Single Arbitrator: Claims shall be heard by a single arbitrator unless both Parties expressly agree otherwise. The arbitrator will be selected by the Parties from the AAA’s roster of consumer dispute arbitrators, and if the Parties fail to agree on the arbitrator’s appointment the AAA rules will govern the arbitrator’s choice.
- Venue: The place of arbitration shall be Gainesville, FL. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in-person hearings.
- Arbitrator Limitations: To the maximum permitted by law and coherent to these Terms of Service: (i) the arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party\’s actual damages, except as may be required by statute; (ii) the arbitrator shall not award consequential damages in any arbitration initiated under this section; (iii) any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
- Class Action, Jury, and Bench Trial Waiver: You and Estate Planning Interactive, LLC hereby agree that in no circumstance any dispute, claim, or controversy between the Parties will be subject to a jury or bench trial in any court or tribunal. Both Parties, therefore, renounce the right to a jury trial. Furthermore, You and Estate Planning Interactive, LLC expressly waive any rights to join a class action, as a plaintiff or class member, and that unless both Parties expressly agree, the arbitrator will not be allowed to consolidate more than one person’s claims in the arbitration proceedings;
- Fees: Each party has the responsibility to pay the filing fees, administrative expenses, and arbitrator fees in accordance with the effective AAA rules. If your claim for damages does not exceed $75,000 and is not ruled as frivolous or based on improper purpose (as set forth in the Federal Rules of Civil Procedure 11(b)) by the Arbitrator, Estate Planning Interactive, LLC will pay all such fees.
- Award: The award shall be rendered in accordance with the AAA rules timeframe. Any award: (i) will be limited to the Parties in the dispute; (ii) will not affect third parties; (iii) will include findings and conclusions; (iv) will not be appealable; (v) will be coherent to these Terms of Service. Estate Planning Interactive, LLC waives the right to recover expenses and attorney fees if it prevails in the arbitration procedure.
- Exceptions: You and Estate Planning Interactive, LLC retain the rights to initiate proceedings in any court or tribunal in order to obtain injunctive or equitable relief to protect intellectual property rights, both actual and threatened violations. Further, each Party retains the right to initiate proceedings in small claims courts.
- Miscellaneous: This Arbitration Agreement will be in full force and effect after the termination of these Terms of Service, meaning that it will continue to govern the dispute resolution for the Parties. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
10. Governing Law
Any claim, dispute, or controversy relating to your use of Estate Planning Interactive, LLC Site shall be governed by the Arbitration Agreement in Clause 9 above. If a judicial proceeding is commenced, the claim, dispute, or controversy shall be governed by the State of Florida laws, without regard to its conflict of law provisions. You and Estate Planning Interactive, LLC agree that the United Nations Convention on Contracts is excluded and not applicable to this relation.
You expressly consent to Florida’s personal jurisdiction regarding any dispute between you and http://www.my-estateplans.com arising out of these Terms of Service or about Estate Planning Interactive, LLC Site. You agree that the exclusive venue for any dispute between the parties will be Florida’s state and federal courts. The preceding paragraph shall not apply to North Carolina consumers.
This privacy notice (the “Privacy Notice”) describes how Estate Planning Interactive, LLC. Co. (My-estate plans.com we,” “our,” or “us”) obtains, uses, and shares personal information and other information in connection with the operation of the Site available at http://www.my-estateplans.com and related services, including online surveys (collectively, “Site”). Our Site primarily provides self-help software and materials for users interested in creating and managing an estate plan and similar services.
WHAT PERSONAL INFORMATION WE OBTAIN
Estate Planning Interactive, LLC obtains information (i) you provide when you create an account, (ii) you submit when you create a Willpower Assessment or other document (with or without creating an account), (iii) you submit when you participate in an online survey, (iv) you share about others, and (v) automatically collected about your interactions with the Site.
- The personal information you provide when you create a www. my-estate plans.com account:
- email address; and
- user password.
- The personal information you choose to submit when you create a document:
- first, middle and last name;
- date of birth;
- city, state, zip code, and address;
- email address;
- telephone number;
- marital status and information regarding your family members and pets, if any;
- names of your elected guardians(s), beneficiary(s), agents, trustees and/or executor(s);
- the estimated value of your estate and information concerning your assets, such as a description or address of real estate property;
- charitable donations (specific amount or percentage of total estate);
- names and addresses of your physicians and preferred hospitals; and/or
- favorite pastimes, religious beliefs, and preferences for end of life care.
- confidential information about your loved ones only necessary for your attorney, or other advisors, to help you make informed decisions with your estate plans
- The personal information you choose to submit when you participate in an online survey
- My-estateplans.com collects data for its non-profit partners through voluntary online surveys. We will use information collected through such surveys for the purposes described in this Privacy Notice.
- Personal information collected through surveys may include the following categories: name, email address, mailing address, telephone number, birth year, gender, and involvement with charitable causes.
- The personal information you share about others:
- You may share personal information about other people, such as the name and email of a friend or contact with whom you want to share information about the Site, the name of an executor or gift recipient, or contact information for your nominated agents. Do not give us information about others unless you are authorized or have their consent to do so. We will use their information for the purposes described in this Privacy Notice.
- Information automatically collected about your visit:
HOW WE USE THE PERSONAL INFORMATION WE OBTAIN
We use the personal information we obtain in connection with the operation of the Site for several purposes, including, but not limited to:
- To provide you with the Site and the services you request from us, including managing your http://www.my-estate plans.com account or creating your documents;
- To send you transactional communications (such as account confirmations and notifications) about the Site or to respond to your questions or requests;
- For our own marketing and advertising purposes, including interest-based advertising;
- To generate and analyze statistics about your use of the Site and offerings, and to customize your experience with the Site (e.g. based on the type of browser or device you use);
- To generate and analyze statistics about the demographics and attitudes of our Advisors partners;
- To improve the Site, ensure its availability and proper functioning;
- To provide and support our business operations; and/or
- To detect, prevent and respond to fraud or theft, violations of law, this Privacy Notice, our Terms of Service and other policies
We also may aggregate the personal information we obtain through the Site (the “Aggregated Data”) and use it for analytics, benchmarking, and other business purposes. We may augment such Aggregated Data with data we obtain from other sources. For example, we may produce and share aggregate information such as correlations between user behaviors and demographic factors. In addition, we may share Aggregated Data with the general public to report on trends.
On our Site, third parties and we may collect information about your online activities to provide you with advertising about services or products tailored to your interests. You may see certain ads on other websites because such third parties or we participate in advertising networks. Ad networks track your online activities over time by collecting information through automated means, including Cookies. The information ad networks may collect information about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection occurs both on our Site and on third-party websites or apps that participate in the ad networks. This process allows us and third parties to deliver more tailored advertising. In addition, it helps us track the effectiveness of our marketing efforts. In serving interest-based ads, Estate Planning Interactive, LLC adheres to the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance.
WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION
We may share the personal information we obtain in connection with the operation of the Site:
- With service providers who work on our behalf, such as cloud storage providers, and other third party partners that provide features or functionalities we integrate into our Site, such as email communication providers;
- With third-parties for any purpose with your consent or otherwise at your direction.
- As necessary or appropriate, with our attorneys, accountants, auditors or other advisors;
- To protect our rights or the rights of others including detecting, preventing and responding to fraud or potentially illegal activities, misuse of the Site, intellectual property infringement or other violations of law, this Privacy Notice, our Terms of Service and other policies;
- To the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition, or sale of all or a portion of our assets (including in the event of a reorganization, dissolution or liquidation); and
- We may share information with Estate Delegates who have been invited by our Users to share access to their Dashboard.
In addition, we may share Aggregated Data with third parties for any purpose.
LINKS TO OTHER WEBSITES, APPS, OR SERVICES
Our Site may contain links to other websites, apps, or online services operated by companies not affiliated with Estate Planning Interactive, LLC, such as social media functions like Facebook widgets. These functions and widgets may collect information about users, including which pages were visited on the Site and the IP address of the device you use to connect to the Internet. We are not responsible for the content and data handling practices of any third-party websites, apps, or services. We encourage you to review the privacy policies or notices published by relevant third parties.
You cannot sign up for a http://www.my-estateplans.com account if you are under 18. If you learn that a child under the age of 18 has created a http://www.my-estateplans.com account or provided us with personal information, please get in touch with us as indicated in the “Contact Us” section below. However, in connection with the services we offer through the Site, we may obtain information about children under 13 if a parent or legal guardian submits or shares such information with us. We ask that users of the Site not provide information about a child under 13 without first getting the consent of the parent or legal guardian. By providing information regarding a child under the age of 13, you affirm that you are legally authorized to do so.
My-estateplans.com is primarily operated from the United States to provide access to self-help software and materials for users interested in creating and managing an estate plan and similar services governed by applicable United States laws. Because the Internet is global, you should note that by providing your information as an international visitor or user, you are: (i) permitting the transfer of your information to the United States, which may not have the same data protection laws as the country in which you reside; and (ii) permitting the use, storage, sharing and other processing of information following this Privacy Notice.
DO NOT TRACK
My-estateplans.com does not currently take steps to respond to browsers’ “Do Not Track” signals, as no uniform standard to respond to such signals has been developed at this time.
PROTECTION OF PERSONAL INFORMATION
We maintain appropriate administrative, technical, and physical safeguards designed to safeguard the Site’s personal information obtained in connection. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your personal information. Moreover, we are not responsible for the security of information you transmit to the Site over networks that we do not control, including the Internet and wireless networks. In connection with your my-estate plans.com account, you should use passwords that are sufficiently complex and not share your passwords with others.
YOUR CHOICES, INCLUDING MARKETING AND INTEREST-BASED ADS OPT-OUTS
You can review and request changes to your personal information obtained at any time by editing your my-estateplans.com account. You can have your account deleted by sending a request via email to email@example.com.
- Email Marketing Opt-Out
- You may opt out of receiving marketing or promotional emails from us by clicking on the “unsubscribe” link contained in such emails. Please keep in mind that if you opt out of receiving marketing or promotional emails, we may still send you transactional emails or other communications relating to my-estateplans.com (e.g., to inform you of changes to the Site or of legal developments that might impact your documents).
- Direct Mail Marketing
- You may request that we stop sending you postal mail offers through the US post office by notifying us in writing at Estate Planning Interactive, LLC., Attn: General Counsel 14260 W Newberry Rd. Newberry, FL 32669
- Interest-Based Ads Opt-Outs
- To learn more about your rights in relation to interest-based advertising on your browser, including your choice to opt out, you can follow the instructions provided by the Digital Advertising Alliance (“DAA”) here and/or the Network Advertising Initiative (“NAI”) here to place an opt-out cookie on your browser. These opt-out Cookies enable you to block participating companies from installing future Cookies on your computer or browser.
- Cookie Opt-Outs
DISPUTE RESOLUTION / TERMS
Any dispute concerning the Site (including our use of your personal information) will be resolved per the dispute resolution provision in our Terms of Service. The Terms of Service govern your use of the Site. Please take a few minutes to read our Terms of Service before using the Site.
CHANGES TO THIS PRIVACY NOTICE
We may modify this Privacy Notice at any time and without prior notice to you. Any changes to the Privacy Notice will be reflected on this page and will become effective immediately upon posting. If we make significant changes to this Privacy Notice, we will notify you by posting a prominent notice on this Site. Please check the last updated date at the top of the Privacy Notice to determine if there have been any changes since you have last reviewed the Privacy Notice.
If you have any questions about this Privacy Notice or our use of your personal information obtained through the Site, please contact us at firstname.lastname@example.org.